Witnesses fail to show for hearing for man accused of shooting friend with AK-47

Hearing postponed for Bethlehem man accused of shooting his friend.

December 31, 2012|By Manuel Gamiz Jr., Of The Morning Call

The preliminary hearing for a man charged with shooting his friend with an AK-47 assault rifle in November was postponed Monday because no witnesses showed up.

Brandon Matlack, 22, was charged with aggravated assault and related crimes in the Nov. 9 shooting in his west Bethlehem apartment. Police said he shot Frank Danyi when Danyi confronted him about a burglary and theft of computers.

District Judge Wayne Maura wasn't pleased when the prosecution told him that witnesses in the case failed to come to court for the hearing.

"These are adults?" Maura asked Lehigh County Chief Deputy District Attorney Jay Jenkins, who responded they are and that the witnesses may have been confused about the judicial process.

Maura allowed the continuance. Matthew Potts, Matlack's attorney, said he would have asked for a dismissal, but he believed the charges would have been refiled immediately and his client would have to go through the process all over again.

According to a criminal complaint:

Danyi's mother told police that her home was burglarized a week before the shooting and a computer tower and laptop were stolen. Danyi suspected Matlack took the computers and Danyi had his mother drive him to Matlack's apartment in the 400 block of Third Avenue.

Danyi told police he knocked on the apartment door and Matlack answered, holding the rifle. Danyi told police he fought with Matlack for control of the weapon and was shot.

Danyi's mother told police she heard what she believed was a gunshot shortly after dropping off her son. She said her son called and said he had been shot, then she heard another gunshot and called 911.

Matlack was arrested in his apartment. He told police Danyi forced his way into his apartment and attacked him. Police said they found evidence of a fight at the Third Avenue home, including broken glass and overturned furniture.

Danyi was shot in the leg and back. Matlack is free after posting $50,000 bail.